ARKANSAS:
Arkansas Act 484 of 1973, Chapter 29, Sections 82-2901 through 82-2907; Chapter 14, Sections 20-14-301
through 20-14-306 Arkansas statutory law guarantees a blind person the legal right to equal opportunity in the
areas of housing employment, and the use of public accommodations and public carriers. It further guarantees the
right of a blind person to be accompanied by a specially trained dog guide in the enjoyment of these rights and
privileges. The dog guide user cannot be charged land extra fee because of the dog's presence, but the dog guide
user is liable for any damage the dog might cause. The right to employment, which the statute ensures, covers jobs
in state government or political subdivisions of Arkansas, including schools and fields of academic activity receiving
state funding. The only employment circumstances not covered are those where a physical disability makes it
impossible to meet job requirements. (Sect. 82-2901, 20-14-301) The right to "equal accommodations" extends to
all housing, except for private single family swellings, a portion of, which are made available for rent. The landlord is
not required to modify the accommodations or to assume a higher standard of care. (Sect. 82-2903, 82-2904, 2014-305) Public accommodations, for the purpose of this Act, include hotels, places of resorts and recreation, public
buildings, restaurants, and all other places to which the public is invited. (Sect. 82-2901, 82-2902, 82-2903, 822904, 20-14-303) Common carriers and conveyances include all modes of transportation open to public use,
whether by air, land or water. (82-2901, 82-2903, 82-2904) The driver of a vehicle approaching a visually
handicapped or hearing impaired person, who is carrying a cane, which is predominately white or metallic in color,
with or without a red tip or using a guide or hearing ear dog or the driver of a vehicle approaching an otherwise
handicapped person, shall take all reasonable precautions to avoid injury to the visually handicapped, hearing
impaired, or other physically handicapped pedestrian. (20-14-306) Violation: Any person, firm, corporation or agent
thereof who violates the above rights is guilty of a misdemeanor. (82-2906, 20-14-302)
FAIR HOUSING ACT
The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion,
sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives
Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect
of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an
individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered
activities include, for example, financing, zoning practices, new construction design, and advertising.
The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and
operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets”
policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in
the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable
access-related modifications to their private living space, as well as to common use spaces. (The landlord is not
required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be
designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors
that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver,
and other adaptable features within the units.
PENALTIES FOR ADA VIOLATIONS [Reads in Part]:
(Guide Dog Coverage)
Violations under the Americans with Disabilities Act (ADA) may include penal and civil damages, depending on the
nature of the complaint. Damages can be as much as $50,000 for the first offense and $100,000 for subsequent
offenses.
Under the ADA and its implementing regulations, the right of a blind person to be accompanied by a guide dog in
places which serve the public is guaranteed. Section 36.104 of Title 3 specifies that “service animals,” which
include guide dogs, are covered by the statute. The right of a blind person to be accompanied by a guide dog is
guaranteed and the term “public accommodation” is also defined under this provision.